What is a writ of habeas corpus and how does it figure into your appeal rights if you lose your criminal case? This is one of the most fundamental rights that people in the United States criminal system enjoy, although it's somewhat poorly understood. Here is what you should know. What is a writ of habeas corpus? A writ of habeas corpus is an order from a higher court to a lower court or a public official, like a jailor, for a prisoner to be brought before a judge.

The ATF Form 4473 is a vital document necessary to prevent prohibited persons from acquiring a firearm. The form requires a firearms purchaser to answer specific questions about his or her personal identification and criminal, mental-health, and immigration backgrounds. A person who passes the related FBI check will be allowed to purchase a firearm and exit the gun shop. Failing to answer a question correctly could, however, create major problems for someone who does not understand the law.

Voters in Maine just made it the 8th state to legalize recreational marijuana use. Right now, 26 states and the District of Columbia have legalized marijuana in some form or another—and, while marijuana possession and use is still illegal under federal law, the Department of Justice has shown a remarkable willingness to bend itself to the rule of the states involved. Yet, you can still end up arrested on marijuana charges in those states if you aren't careful.

You can ask the court for a continuance (delay) if you are facing criminal charges and one of your witnesses is missing. Here are three things the court may require you to prove before it grants your petition: You Have Done Your Best to Locate the Missing Witness You have to show the court what you have done to try to locate the missing witness. You have to convince the court that you have done your best, but failed to locate the missing witness.

If you're being charged with a crime and you have an alibi, you're in a great position to prove your innocence. An alibi defense basically means that you and your lawyer are saying that you couldn't have committed the crime in question because you were somewhere else at the time. If you have a legitimate alibi, you may be able to avoid charges and a trial altogether. However, simply having an alibi does not mean the trouble goes away.

Being pulled over and subsequently arrested and charged with a DUI can be a frightening experience for many people. A DUI on your permanent record could affect your ability to maintain employment or keep your drivers license in the future. Working with an attorney to fight your DUI charges in court can be a great way to minimize the effects your arrest could have on your future. Here are three potential strategies your lawyer could use to help ensure you win your DUI case.

If you have been charged with domestic violence, don't let a narrow definition of the crime complicate your defense. Many people assume that domestic violence is synonymous with physical violence (probably due to the inclusion of the term violence). Legally, however, there are many forms of domestic violence, such as these three. Sexual Abuse The obvious examples of sexual abuse include rape and unwelcome touching, but there are many other forms of sexual abuse.

If you've been arrested and charged with DUI, you're going to need an attorney. While there may be some legal issues that can be taken care of without an attorney, a DUI is not one of them. This is particularly true if you're looking at a felony conviction. In order to receive the best legal defense possible, you'll need to work closely with your attorney. When you sit down with your attorney, it's crucial that you be honest and upfront about your situation.

Sometimes an arrest happens quickly because the crime happens with lots of witnesses and there's plenty of evidence to be had. However, in a lot of serious criminal trials, investigations are handled slowly and carefully. Police and prosecutors don't rush to make an arrest or even forcibly detain someone until they feel that they either have overwhelming amounts of evidence or need to do so in the interest of public safety and justice.

Do you take a medication to help you get to sleep? If so, you likely know that you should not operate a vehicle or machinery after you have taken your medication. However, some medications have been known to put individuals into a trance that can best be described as a blackout period. For example, some people have driven cars and performed other unsafe activities such as walking outside their homes despite being "